Attorney plays advocate’s role for troubled parents

When poor parents face child abuse or neglect allegations, they have a new advocate in the New Hanover County Public Defender’s Office: Lyana Palmer, one of the office’s newest additions.

By Veronica GonzalezVeronica.Gonzalez@StarNewsOnline.com

When poor parents face child abuse or neglect allegations, they have a new advocate in the New Hanover County Public Defender’s Office to help them try to get their children back.That advocate is Lyana Palmer, one of the office’s newest additions.Public Defender Jennifer Harjo handpicked Palmer, who’d been in private practice, in September to represent clients during one of the toughest situations they can face.“I wasn’t even looking for it,” said the 34-year-old Palmer. “When she called me, it seemed like a perfect match.”Harjo, whose office primarily handles criminal cases, said she hired Palmer because she’s well-prepared and smart.“I got great recommendations and reviews for her,” Harjo said.She added she wanted someone who was an expert in those cases to work in the office. In the long term, having someone in that role can help keep costs down for the state.“Although (the state’s Indigent Defense Services office) is committed to reducing costs, they’re committed to making sure there’s effective representation,” Harjo said. “It’s not just a numbers game. We want everybody to represent their clients well.”Palmer’s role in a public defender’s office is somewhat unique in the state.That’s because out of 16 Public Defenders’ offices, only three others have attorneys specifically handling those cases, according to the state’s Indigent Defense Services office.“Having lawyers with the skill and energy to do it is important for quality purposes, but also for efficiency purposes,” said Tom Maher, executive director of IDS.When an abuse or neglect petition is filed against a parent, that person is entitled to a hearing, and in that hearing, he or she is represented by an attorney.“Our job is to advocate what the client wants,” Palmer said, adding that going into DSS court, as it’s known, can be overwhelming because a different attorney represents each parent in a matter. “So, I feel like our role as their advocate is that much more important.”Palmer assesses a parent’s problems to see what’s preventing them from being a good parent.She said most of the DSS complaints against parents stem from substance abuse issues and also domestic violence.An issue hampering many parents at this time is a lack of jobs. Palmer said she’s seen everything from poor clients to those who live in Landfall.“You talk to most of these kids, regardless of the situation, they want to be with their parents,” she said. “All these parents are human beings and make mistakes. They’re not evil people, and they’re doing the best they can.”Representing poor parents in court is the state’s job, Maher said.“The state shouldn’t be taking children without making sure parents have been properly heard,” he said. “It’s a statutory right. The statute makes it clear indigent parents are entitled to this representation.”How it’s usually done is the state pays private attorneys to handle such matters.But that’s an expensive endeavor as the state spent $8.2 million in 2008 and then nearly $9 million in 2009 on child abuse, neglect, dependency and termination of parental rights cases.And this year, North Carolina is on pace to spend more than the previous two years on such cases as more than $10 million has already been spent for the 2010-11 fiscal year to close nearly 24,000 cases, figures from the state’s IDS office show.But in the end, those costs are necessary to provide the best legal help possible.“If the child can do well with their parents in the long term, it’s in everybody’s interest the child stay with the parent,” Maher said. “And if no lawyer is there, that might not happen.”